Relocate undergoing construction of Sewage treatment plant, Hutchinson, PA
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We, the undersigned residents of Hutchinson, urge Sewickley Township Supervisors to relocate the proposed, under construction Sewage Treatment Plant and Pumping Station to a new more remote location that is away from residents. Wastewater treatment, whether it is raw sewage or secondary tertiary treated water, is not appropriate for a residential neighborhood. We are concerned about the short-term and long-term effects of living in such close proximity to a Sewage Treatment Plant and Pumping Station, that can cause harm to our citizens, our children and our pets. Our concerns include, but are not limited to, air pollution, respiratory and gastrointestinal infections, noise, truck traffic, road deterioration, dust, safety for our school children, property value decline, disruption of wildlife habitat and scenic degradation that is caused by the Sewage Treatment Plant, Pumping Station or the construction of such buildings. If Sewickley Township does not relocate the proposed, under construction Sewage Treatment Plant and Pumping Station, they may be held liable under the Pennsylvania Public Nuisance Law.
A public nuisance is an activity that threatens the public health, safety or welfare, or does damage to community resources. Public nuisances involve a
a large number of people. A public nuisance harms more people or property and interferes with the rights of the public. It may also involve the violation of a statute. Pennsylvania Courts have adopted Section821B of the Restatement (Second) of Torts for the elements of a claim for public nuisance. Section 821B provides:
1. A public nuisance is an unreasonable interference with a right common to the general public.
2.Circumstances that may sustain a holding that an interference with a public right is unreasonable include the following:
a.whether the conduct involves a significant interference with the public health, the public safety, the public peace, the public comfort, or the public convenience, or
b.whether the conduct is proscribed by a statute, ordinance or administrative regulation, or;
c.whether the conduct is of a continuing nature or has produced a permanent or long-lasting effect, and, as the person knows or has reason to know, has a significant effect upon the public right.
An action may be declared a public nuisance as a matter of common law, if, though not prohibited by statute, it unreasonably interferes with the rights of the public. Interference with a public right is unreasonable when the conduct
involves a significant interference with the public's safety, the public peace, the public comfort or the public convenience.
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